Regulatory Fees Due by September 7; FCC "Red Light" Rules Apply to Delinquencies

Regulatory fees for the 2005 fiscal year (which began Oct. 1, 2004) are due from all nonexempt FCC licensees and permittees as well as cable operators by Sept. 7, 2005. After that date, a 25 percent late payment penalty will be imposed on all fees due. Governmental and nonprofit entities are generally exempt from paying regulatory fees. Please refer to our Update of July 11, 2005, for details of fees due. Payments may be made online via check or direct debit from a bank account; or by check, money order, credit card (up to $99,999) or wire transfer. FCC Form 159 must accompany all regulatory fee payments. Feel free to contact us for more detailed instructions on the various payment methods and amounts, or on proving entitlement to an exemption from regulatory fees.

Those who do not pay their regulatory fees will be subject to the FCC’s “red light” rules under the Debt Collection Improvement Act (“DCIA”). Under these rules, the Commission will withhold action on any pending applications until all delinquent nontax debts are paid. Subject to certain exceptions (most notably, taxes), this includes debts owed to other branches of the federal government as well as the FCC. Any delinquencies not resolved within 30 days will result in dismissal of those applications. The DCIA also provides for use of private collection agencies, reporting of debts to consumer credit bureaus and possible referral to the Department of Justice to litigate claims of $2,500 or more.

Please contact us if you desire any assistance in determining or making regulatory fee payments, or if you have any questions about the FCC’s “red light” rules under the DCIA.